Copy of Anti-Terrorism Bill -

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C ongress o f t h e Ph ilippin es E ig h t e e n t h C ongress First Regular Session } SENATE S. No. 1083 P repared by the Committees on National Defense AND S ecurity; P eace, U nification and Reconciliation ; and F inance w ith S enators SoTTO III, L acson , Marcos , La pid , R evilla J r . AND DELA ROSA AS AUTHORS THEREOF AN ACT TO PREVENT, PROHIBIT AND PENALIZE TERRORISM, THEREBY REPEALING REPUBLIC ACT NO. 9372, OTHERWISE KNOWN AS THE “HUMAN SECURITY ACT OF 2007” Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled: 1 S ection l. Short Title. - This Act shall henceforth be 2 known as “The Anti-Terrorism Act of 2020”. 3 Sec. 2. Declaration of Policy. —It is declared a pohcy 4 of the State to protect life, liberty, and property from 5 terrorism, to condemn terrorism as inimical and dangerous 6 to the national security of the country and to the welfare of 7 the people, and to make any terrorism a crime against the 1 Filipino people, against humanity, and against the law of 2 nations. 3 In the implementation of the policy stated above, the 4 State shall uphold the basic rights and fundamental 5 liberties of the people as enshrined in the Constitution. 6 The State recognizes that the fight against terrorism 7 requires a comprehensive approach, comprising political, 8 economic, diplomatic, military, and legal means duly 9 taking into account the root causes of terrorism without 10 acknowledging these as justifications for terrorist and/or 11 criminal activities. Such measures shall include conflict 12 management and post-conflict peacebuilding, addressing 13 the roots of conflict by building state capacity and 14 promoting equitable economic development. 15 Nothing in this Act shall be interpreted as a 16 curtailment, restriction or diminution of constitutionally 17 recognized powers of the executive branch of the 18 government. It is to be understood, however, that the 19 exercise of the constitutionally recognized powers of the 20 executive department of the government shall not prejudice 1 respect for human rights which shall be absolute and 2 protected at all times. 3 Sec . 3. Definition of Terms. - as used in this Act: 4 (a) Critical Infrastructure shall refer to an asset or 5 system, whether physical or virtual, so essential to the 6 maintenance of vital societal functions or to the delivery of 7 essential public services that the incapacity or destruction 8 of such systems and assets would have a debilitating 9 impact on national defense and security, national economy, 10 public health or safety, the administration of justice, and 11 other functions analogous thereto. It may include, but is 12 not Hmited to, an asset or system affecting 13 telecommunications, water and energy supply, emergency 14 services, food security, fuel supply, banking and finance, 15 transportation, radio and television, information systems 16 and technology, chemical and nuclear sectors; 17 (b) Designated Person shall refer to: 18 Any individual, group of pei-sons, organizations, or 19 associations designated and/or identified by the United 20 Nations Security Council, or another jurisdiction, or 1 supranational jurisdiction as a terrorist, one who finances 2 terrorism, or a terrorist organization or group: or 3 Any person, organization, association, or group of 4 persons designated under paragraph 3 of Section 26 of this 5 Act. 6 For purposes of this Act, the above definition shall be 7 in addition to the definition of designated persons under 8 Section 3(e) of Republic Act No. 10168, otherwise known as 9 the “Terrorism Financing Prevention and Suppression Act 10 of 2012". 11 (c) Extraordinary Rendition shall refer to the transfer 12 of a person, suspected of being a terrorist or supporter of a 13 terrorist organization, association, or group of persons to a 14 foreign nation for imprisonment and interrogation on 15 behalf of the transferring nation. The extraordinary 16 rendition may be done without fi-aming any formal 17 charges, trial, or approval of the court. 18 (d) International Organization shall refer to an 19 organization established by a treaty or other instrument 1 governed by international law and possessing its own 2 international legal personality; 3 (e) Material Support shall refer to any property, 4 tangible or intangible, or service, including currency or 5 monetary instruments or financial securities, financial 6 services, lodging, training, expert advice or assistance, 7 safehouses, false documentation or identification, 8 communications equipment, facilities, weapons, lethal 9 substances, explosives, personnel (one or more individuals 10 who may be or include oneself), and transportation; 11 (f) Proliferation of Weapons of Mass Destruction shall 12 refer to the transfer and export of chemical, biological, 13 radiological, or nuclear weapons, theii- means of dehvery 14 and related materials; 15 (g) Proposal to Commit Terrorism is committed when 16 a person who has decided to commit any of the crimes 17 defined and penalized under the provisions of this Act 18 proposes its execution to some other person or persons; 19 (h) Recruit shall refer to any act to encourage other 20 people to join a terrorist individual or organization, 1 association or group of persons proscribed under Section 26 2 of this Act, or designated by the United Nations Security 3 Council as a terrorist organization, or organized for the 4 purpose of engaging in terrorism; 5 (i) Surveillance Activities shall refer to the act of 6 tracking down, following, or investigating individuals or 7 organizations; or the tapping, listening, intercepting, and 8 recording of messages, conversations, discussions, spoken 9 or written words, including computer and network 10 surveillance, and other communications of individuals 11 engaged in terrorism as defined hereunder; 12 (j) Supranational Jurisdiction shall refer to an 13 international organization or union in which the power and 14 influence of member states transcend national boundaries 15 or interests to share in decision-making and vote on issues 16 concerning the collective body, i.e. the European Union; 17 (k) Training shall refer to the giving of instruction or 18 teaching designed to impart a specific skill in relation to 19 terrorism as defined hereunder, as opposed to general 20 knowledge; 1 (1) Terrorist Individual shall refer to any natural 2 person who commits any of the acts defined and penahzed 3 under Sections 4, 5, 6, 7, 8, 9, 10,11 and 12 of this Act; 4 (m) Terrorist Organization, Association or Group of 5 Persons shall refer to any entity organized for the purpose 6 of engaging in terrorism, or those proscribed under Section 26 7 hereof or the United Nations Security Council-designated 8 terrorist organization; and 9 (n) Weapons of Mass Destruction (WMD) shall refer to 10 chemical, biological, radiological, or nuclear weapons which 11 are capable of a high order of destruction or causing mass 12 casualties. It excludes the means of transporting or 13 propelling the weapon where such means is a separable 14 and divisible part fiiom the weapon. 15 Sec. 4. Terrorism. - Subject to Section 49 of this Act, 16 terrorism is committed by any person who within or 17 outside the Pliilippines, regardless of the stage of 18 execution; 19 (a) Engages in acts intended to cause death or serious 20 bodily injury to any person, or endangers a person’s life; 8 1 (b) Engages in acts intended to cause extensive 2 damage or destruction to a government or public facility, 3 public place or private property: 4 (c) Engages in acts intended to cause extensive 5 interference with, damage or destruction to critical 6 in&astructure; 7 (d) Develops, manufactures, possesses, acquires, 8 transports, supplies or uses weapons, explosives or of 9 biological, nuclear, radiological or chemical weapons; and 10 (e) Release of dangerous substances, or causing fire, 11 floods or explosions 12 when the purpose of such act, by its nature and context, is 13 to intimidate the general pubhc or a segment thereof 14 create an atmosphere or spread a message of fear, to 15 provoke or influence by intimidation the government or 16 any of its international organization, or seriously 17 destabilize or destroy the fundamental political, economic, 18 or social structures of the country, or create a pubhc 19 emergency or seriously undermine pubhc safety, shall be 20 guilty of committing terrorism and shall suffer the penalty 1 of life imprisonment without the benefit of parole and the 2 benefits of Repubhc Act No. 10592, othei-wise known as 3 “An Act Amending Articles 29, 94, 97, 98 and 99 of Act No. 4 3815, as amended, otherwise known as the Revised Penal 5 Code”: Pi'ovided, That, terrorism as defined in this Section 6 shall not include advocacy, protest, dissent, stoppage of 7 work, industrial or mass action, and other simdar exercises 8 of civil and pohtical rights, which are not intended to cause 9 death or serious physical harm to a person, to endanger a 10 person’s life, or to create a serious risk to pubhc safety. 11 S ec . 5. Threat to Commit Terrorism. - Any person who 12 shall threaten to commit any of the acts mentioned in 13 Section 4 hereof shall suffer the penalty of imprisonment of 14 twelve (12) years. 15 S ec . 6. Planning, Training, Preparing, and 16 Facilitating the Commission of Terrorism. - It shall be 17 unlawful for any person to participate in the planning, 18 training, preparation and facihtation in the commission of 19 terrorism, possessing objects connected with the 20 preparation for the commission of terrorism, or collecting or 10 1 making documents connected with the preparation of 2 terrorism. Any person found guilty of the provisions of this 3 Act shall suffer the penalty of life imprisonment without 4 the benefit of parole and the benefits of Republic Act No. 5 10592. 6 S ec. 7. Conspiracy to Commit Terrorism. — Any 7 conspiracy to commit terrorism as defined and penalized 8 under Section 4 of this Act shall be penalized by life 9 imprisonment without the benefit of parole and the 10 benefits of Republic Act No. 10592. 11 There is conspiracy when two (2) or more persons 12 come to an agreement concerning the commission of 13 terrorism as defined in Section 4 hereof and decide to 14 commit the same. 15 Sec. 8. Proposal to Commit Terrorism. - Any person 16 who proposes to commit terrorism as defined in Section 4 17 hereof shall suffer the penalty of imprisonment of twelve 18 (12) years. 19 Sec. 9. Inciting to Commit Terrorism. - Any person 20 who, without taking any direct part in the commission of 11 1 terrorism, shall incite others to the execution of any of the 2 acts specified in Section 4 hereof by means of speeches, 3 proclamations, writings, emblems, banners or other 4 representations tending to the same end, shall suffer the 5 penalty of imprisonment of twelve (12) years. 6 Sec. 10. Recruitment to and Membership in a 7 Terrorist Organization. - Any person who shall recruit 8 another to participate in, join, commit or support any 9 terrorism or a terrorist individual or any terrorist 10 organization, association or group of persons proscribed 11 under Section 26 of this Act, or designated by the United 12 Nations Security Council as a terrorist organization, or 13 organized for the purpose of engaging in terrorism, shall 14 suffer the penalty of life imprisonment without the benefit 15 of parole and the benefits of Republic Act No. 10592. 16 The same penalty shall be imposed on any person 17 who organizes or facilitates the travel of individuals to a 18 state other than their state of residence or nationahty for 19 the purpose of recruitment which may be committed 20 through any of the following means: 12 1 (a) Recruiting another person to serve in any capacity 2 in or with an armed force in a foreign state, whether the 3 armed force forms part of the armed forces of the 4 government of that foreign state or othemise; 5 (b) Publishing an advertisement or propaganda for 6 the purpose of recruiting persons to serve in any capacity 7 in or with such an armed force; 8 (c) Publishing an advertisement or propaganda 9 containing any information relating to the place at which 10 or the manner in which persons may make applications to 11 serve or obtain information relating to service in any 12 capacity in or with such armed force or relating to the 13 manner in which persons may travel to a foreign state for 14 the purpose of serving in any capacity in or with such 15 armed force; or 16 (d) Performing any other act with the intention of 17 facilitating or promoting the recruitment of persons to 18 seive in any capacity in or with such armed force. 19 Any person who shall voluntarily and knowingly join 20 any organization, association or group of persons knowing 13 1 that such organization, association or group of persons is 2 proscribed under Section 26 of this Act, or designated by 3 the United Nations Security Council as a terrorist 4 organization, or organized for the purpose of engaging in 5 terrorism, shall suffer the penalty of imprisonment of 6 twelve (12) years. 7 S ec . 11. Foreign Terrorist. - The following acts eire 8 unlawful and shall be punished with the penalty of hfe 9 imprisonment without the benefit of parole and the 10 benefits of Repubhc Act No. 10592: 11 (a) For any person to travel or attempt to travel to a 12 state other than his/her state of residence or nationahty, 13 for the purpose of perpetrating, planning, or preparing for, 14 or participating in terrorism, or providing or receiving 15 terrorist training; 16 (b) For any person to organize or facihtate the travel 17 of individuals who travel to a state other than their states 18 of residence or nationahty knowing that such travel is for 19 the purpose of perpetrating, planning, training, or 14 1 preparing for, or participating in terrorism or providing or 2 receiving terrorist training; or 3 (c) For any person residing abroad who comes to the 4 Philippines to participate in perpetrating, planning, 5 training, or preparing for, or participating in terrorism or 6 provide support for or facihtate or receive terrorist training 7 here or abroad. 8 S ec . 12. Providing Material Support to Terrorists. — 9 Any person who provides material support to any terrorist 10 individual or terrorist organization, association or group of 11 persons committing any of the acts punishable under 12 Section 4 hereof or knowing that such individual or 13 organization, association, or group of persons is committing 14 or planning to commit such acts, shall be hable as principal 15 to any and all terrorist activities committed by said 16 individuals or organizations, in addition to other criminal 17 liabilities he/she or they may have incurred in relation 18 thereto. 19 Sec. 13. Humanitarian Exemption. - Humanitarian 20 activities undertaken by the International Committee of 15 1 the Red Cross (ICRC), the Philippine Red Cross (PRC), and 2 other state-recognized impartial humanitarian partners or 3 organizations in conformity with the International 4 Humanitarian Law (IHL), do not fell within the scope of 5 Section 12 of this Act. 6 S ec . 14. Accessory. - Any person who, having 7 knowledge of the commission of any of the crimes defined 8 and penahzed under Section 4 of this Act, without having 9 participated therein, takes part subsequent to its 10 commission in any of the following manner: (a) by profiting 11 himself or assisting the offender to profit by the effects of 12 the crime; (b) by conceahng or destroying the body of the 13 crime, or the effects, or instruments thereof, in order to 14 prevent its discovery; or (c) by harboring, concealing, or 15 assisting in the escape of the principal or conspirator of the 16 crime, shall be hable as an accessory and shall suffer the 17 penalty of imprisonment of twelve (12) years. 18 No person, regardless of relationship or affinity, shall 19 be exempt from liability under this section. 16 1 Sec. 16. Penalty for Public Official. —If the offender 2 found guilty of any of the acts defined and penalized under 3 the provisions of this Act is a public official or employee, 4 he/she shall be charged with the administrative offense of 5 grave misconduct and/or disloyalty to the Republic of the 6 Philippines and the Filipino people, and be meted with the 7 penalty of dismissal from the service, with the accessory 8 penalties of cancellation of civil seivice eligibihty, forfeiture 9 of retirement benefits and perpetual absolute 10 disqualification from running for any elective office or 11 holding any pubhc office. 12 S ec. 16. Surveillance of Suspects and Interception and 13 Recording of Communications. - The provisions of Repubhc 14 Act No. 4200, otherwise known as the "Anti-Wire Tapping 15 Law” to the contrary notwithstanding, law enforcement 16 agent or mihtary personnel may, upon a written order of the 17 Court of Appeals secretly wiretap, overhear and listen to, 18 intercept, screen, read, surveil, record or collect, with the 19 use of any mode, form, kind or type of electronic, 20 mechanical or other equipment or device or technology now 17 1 known or may hereafter be known to science or with the 2 use of any other suitable ways and means for the above 3 purposes, any private communications, conversation, 4 discussion/s, data, information, messages in whatever 5 form, kind or nature, spoken or written words (a) between 6 members of a judicially declared and outlawed terrorist 7 organization, as provided in Section 26 of this Act; (b) 8 between members of a designated person as defined in 9 Section 3(E) of Repubbc Act No. 10168; or (c) any person 10 charged with or suspected of committing any of the crimes 11 defined and penalized under the provisions of this Act; 12 Provided, That, surveillance, interception and recording of 13 communications between lawyers and chents, doctors and 14 patients, journahsts and their sources and confidential 15 business correspondence shall not be authorized. 16 The law enforcement agent or military personnel 17 shall likewise be obhgated to (1) file an ex-parte apphcation 18 with the Court of Appeals for the issuance of an order, to 19 compel telecommunications service providers (TSP) and 20 internet service providers (ISP) to produce all customer 18 1 information and identification records as well as call and 2 text data records, content and other cellular or internet 3 metadata of any person suspected of any of the crimes 4 defined and penalized under the provisions of this Act; and 5 (2) furnish the National Telecommunications Commission 6 (NTC) a copy of said application. The NTC shall likewise 7 be notified upon the issuance of the order for the purpose of 8 ensuring immediate compliance. 9 Sec. 17. Judicial Authorization, Requisites. - The 10 authorizing division of the Court of Appeals shall issue a 11 written order to conduct the acts mentioned in Section 16 12 of this Act upon: 13 (1) Fifing of an ex parte written application by a law 14 enforcement agent or military personnel, who has been 15 duly authorized in writing by the Anti-Terrorism Council 16 (ATC); and 17 (2) After examination under oath or affirmation of the 18 applicant and the witnesses he may produce, the issuing 19 court determines; 19 1 (a) that there is probable cause to beheve based on 2 personal knowledge of facts or circumstances that the 3 crimes defined and penalized under Sections 4, 5, 6, 7, 8, 9, 4 10, 11 and 12 of this Act has been committed, or is being 5 committed, or is about to be committed; and 6 (b) that there is probable cause to beheve based on 7 personal knowledge of facts or circumstances that 8 evidence, which is essential to the conviction of any 9 charged or suspected person for, or to the solution or 10 prevention of, any such crimes, will be obtained. 11 Sec. 18. Classification and Contents of the Order of the 12 Court. - The written order granted by the authorizing 13 division of the Court of Appeals as well as the apphcation 14 for such order, shall be deemed and are hereby declared as 15 classified information. Being classified information, access to 16 the said documents and any information contained in the 17 said documents shall be limited to the apphcants, duly 18 authorized personnel of the ATC, the hearing justices, the 19 clerk of court and duly authorized personnel of the hearing 20 or issuing court. The written order of the authorizing 20 1 division of the C!ourt of Appeals shall specify the following; 2 (a) the identity, such as name and address, if known, of the 3 person or persons whose communications, messages, 4 conversations, discussions, or spoken or written words are 5 to be tracked down, tapped, listened to, intercepted, and 6 recorded; and, in the case of radio, electronic, or telephonic 7 (whether wireless or otherwise) communications, 8 messages, conversations, discussions, or spoken or written 9 words, the electronic transmission systems or the 10 telephone numbers to be tracked down, tapped, listened to, 11 intercepted, and recorded and their locations or if the person 12 or persons suspected of committing any of the crimes 13 defined and penalized under the provisions of this Act are 14 not fiilly known, such person or persons shall be the 15 subject of continuous surveillance; (b) the identity of the 16 law enforcement agent or mihtary personnel, including the 17 individual identity of the members of his team, judicially 18 authorized to undertake surveillance activities; (c) the 19 offense or offenses committed, or being committed, or 21 1 sought to be prevented; and, (d) the length of time within 2 which the authorization shall be used or carried out. 3 S ec . 19. Effective Period of Judicial Authorization. — 4 Any authorization granted by the Court of Appeals, 5 pursuant to Section 17 of this Act, shall only be effective 6 for the length of time specified in the written order of the 7 authorizing division of the Court of Appeals which shall 8 not exceed a period of sixty (60) days from the date of 9 receipt of the written order by the applicant law 10 enforcement agent or military personnel. 11 The authorizing division of the Court of Appeals may 12 extend or renew the said authorization to a non-extendible 13 period, which shall not exceed thirty (30) days from the 14 expiration of the original period: Provided, That the 15 issuing coui-t is satisfied that such extension or renewal is 16 in the pubhc interest: and Provided, further. That the ex 17 parte apphcation for extension or renewal, which must be 18 filed by the original applicant, has been duly authorized m 19 writing by the ATC. 22 1 In case of death of the original applicant or in case he 2 is physically disabled to file the apphcation for extension or 3 renewal, the one next in rank to the original apphcant 4 among the members of the team named in the original 5 written order shall file the apphcation for extension or 6 renewal; Provided, finally, That, the applicant law 7 enforcement agent or military personnel shall have thirty 8 (30) days after the termination of the period granted by the 9 Court of Appeals as provided in the preceding paragraphs 10 within which to file the appropriate case before the Pubhc 11 Prosecutor's Office for any violation of this Act. 12 For purposes of this provision, the issuing court shall 13 require the apphcant law enforcement or military official 14 to inform the court, after the lapse of the 30-day period of 15 the fact that an appropriate case for violation of this Act 16 has been filed with the Pubhc Prosecutor’s Office. 17 Sec . 20. Custody of Intercepted and Recorded 18 Communications. - All tapes, discs, other storage devices, 19 recordings, notes, memoranda, summaries, excerpts and 20 all copies thereof obtained under the judicial authorization 23 1 granted by the Court of Appeals shall, within forty-eight 2 (48) hours after the expiration of the period fixed in the 3 written order or the extension or renewal granted 4 thereafter, be deposited with the issuing court in a sealed 5 envelope or sealed package, as the case may be, emd shall be 6 accompanied by a joint affidavit of the apphcant law 7 enforcement agent or military personnel and the members 8 of his team. 9 In case of death of the apphcant or in case he is 10 physically disabled to execute the required affidavit, the 11 one next in rank to the apphcant among the members of 12 the team named in the written order of the authorizing 13 division of the Court of Appeals shall execute with the 14 members of the team that required affidavit. 15 It shah be unlawful for any person, law enforcement 16 agent or mditary personnel or any custodian of the tapes, 17 discs, other storage devices recordings, notes, memoranda, 18 summaries, excerpts and ah copies thereof to remove, 19 delete, expunge, incinerate, shred or destroy in any 24 1 manner the items enumerated above in whole or in part 2 under any pretext whatsoever. 3 Any person who removes, deletes, expunges, 4 incinerates, shreds or destroys the items enumerated 5 above shall suffer the penalty of imprisonment of ten (10) 6 years. 7 Sec . 21. Contents of Joint Affidavit. — The joint 8 affidavit of the law enforcement agent or mihtary 9 personnel shall state: (a) the number of tapes, discs, and 10 recordings that have been made; (b) the dates and times 11 covered byeach of such tapes, discs, and recordings; and (c) 12 the chain of custody or the list of persons who had 13 possession or custody over the tapes, discs and recordings. 14 The joint affidavit shall also certify under oath that 15 no duphcates or copies of the whole or any part of any of 16 such tapes, discs, other storage devices, recordings, notes, 17 memoranda, summaries, or excerpts have been made, or, if 18 made, that all such duplicates and copies are included in 19 the seeded envelope or sealed package, as the case may be, 25 1 deposited with the authorizing division of the Court of 2 Appeals. 3 It shall be unlawful for any person, law enforcement 4 agent or mditary personnel to omit or exclude from the joint 5 affidavit any item or portion thereof mentioned in this 6 Section. 7 Any person, law enforcement agent or mihtary officer 8 who violates any of the acts proscribed in the preceding 9 paragraph shall suffer the penalty of imprisonment of ten 10 (10) years. 11 S ec . 22. Disposition of Deposited Materials. - The 12 sealed envelope or sealed package and the contents thereof 13 referred to in Section 20 of this Act, shall be deemed and are 14 hereby declared classified information. The sealed envelope 15 or sealed package shall not be opened, disclosed, or used as 16 evidence unless authorized by a written order of the 17 authorizing division of the Court of Appeals which written 18 order shall be granted only upon a written apphcation of 19 the Department of Justice (DOJ) duly authorized in writing 20 by the ATC to file the application with proper written notice 26 1 to the person whose conversation, communication, 2 message, discussion or spoken or written words have been 3 the subject of surveillance, monitoring, recording and 4 interception to open, reveal, divulge, and use the contents of 5 the sealed envelope or sealed package as evidence. 6 The written apphcation, with notice to the party 7 concerned, for the opening, replaying, disclosing, or using 8 as evidence of the sealed package or the contents thereof 9 shall clearly state the pui-pose or reason for its opening, 10 replaying, disclosing, or its being used as evidence. 11 Violation of this section shall be penalized by 12 imprisonment of ten (10) years. 13 S ec . 23. Evidentiary Value of Deposited Materials. - 14 Any listened to, intercepted, and recorded communications, 15 messages, conversations, discussions, or spoken or written 16 words, or any part or parts thereof or any information or 17 fact contained therein, including their existence, content, 18 substance, purport, effect, or meaning, which have been 19 secured in violation of the pertinent provisions of this Act, 20 shall be inadmissible and cannot be used as evidence 27 1 against anybody in any judicial, quasi-judicial, legislative, 2 or administrative investigation, inquiry, proceeding, or 3 hearing. 4 Sec. 24. Unauthorized or Malicious Interceptions 5 and/or Recordings. - Any law enforcement agent or 6 military personnel who conducts surveillance activities 7 without a valid judicial authorization pursuant to Section 8 17 of this Act shall be guilty of this offense and shall suffer 9 the penalty of imprisonment of ten (10) years. All 10 information that have been mahciously procured should be 11 made available to the aggrieved party. 12 Sec. 25. Designation of Terrorist Individual, Groups 13 of Persons, Organizations or Associations. - Pursuant to 14 our obhgations under United Nations Security Council 15 Resolution No. 1373, the ATC shall automatically adopt 16 the United Nations Security Council Consohdated List of 17 designated individuals, group of persons, organizations, or 18 associations designated and/or identified as a terrorist, one 19 who finances terrorism, or a terrorist organization or 20 group. 28 1 Request for designations by other jurisdictions or 2 supranational jurisdictions may be adopted by the ATC 3 after determination that the proposed designee meets the 4 criteria for designation of UNSCR 1373. 5 The ATC may designate an individual, groups of 6 persons, organization, or association, whether domestic or 7 foreign, upon a finding of probable cause that the 8 individual, groups of persons, organization, or association 9 commit, or attempt to commit, or conspire in the 10 commission of the acts defined and penahzed under 11 Sections 4, 5, 6, 7. 8, 9, 10, 11 and 12 of this Act. 12 The assets of the designated individual, groups of 13 persons, organization or association above-mentioned shall 14 be subject to the authority of the Anti-Money Laundering 15 Council (AMLC) to freeze pursuant to Section 11 of 16 Republic Act No. 10168. 17 The designation shall be without prejudice to the 18 proscription of terrorist organizations, associations, or 19 groups of persons under Section 26 of this Act. 29 1 Sec. 26. Proscription of Terrorist Organizations, 2 Association, or Group of Persons. - Any group of persons, 3 organization, or association, which commits any of the acts 4 defined and penahzed under Sections 4, 5, 6, 7, 8, 9, 10, 5 11 and 12 of this Act, or organized for the purpose of 6 engaging in terrorism shall, upon apphcation of the DOJ 7 before the authorizing division of the Court of Appeals with 8 due notice and opportunity to be heard given to the group of 9 persons, organization or association, be declared as a 10 terrorist and outlawed group of persons, organization or 11 association, by the said Court. 12 The apphcation shall be filed with an urgent prayer 13 for the issuance of a prehminary order of proscription. No 14 apphcation for proscription shall be filed without the 15 authority of the ATC upon the recommendation of the 16 National Intelhgence Coordinating Agency (NICA). 17 Sec . 27. Preliminary Order of Proscription. - Where 18 the Court has determined that probable cause exists on the 19 basis of the verified apphcation which is sufficient in form 20 and substance, that the issuance of an order of proscription 30 1 is necessary to prevent the commission of terrorism, he/she 2 shall, within seventy-two (72) hours from the filing of the 3 application, issue a preliminary order of proscription 4 declaring that the respondent is a terrorist and an outlawed 5 organization or association within the meaning of Section 26 6 of this Act. 7 The court shall immediately commence and conduct 8 continuous hearings, which should be completed within six 9 (6) months from the time the application has been filed, to 10 determine whether: 11 (a) The preliminary order of proscription should be 12 made permanent; 13 (b) A permanent order of proscription should be 14 issued in case no preliminary order was issued; or 15 (c) A preliminary order of proscription should be 16 lifted. It shall be the burden of the applicant to prove that 17 the respondent is a terrorist and an outlawed organization 18 or association within the meaning of Section 26 of this Act 19 before the court issues an order of proscription whether 20 prehminary or permanent. 3] 1 The permanent order of proscription herein granted 2 shall be posted in a newspaper of general circulation. It 3 shall be vahd for a period of three (3) years after which, a 4 review of such order shall be made and if circumstances 5 warrant, the same shall be lifted. 6 Sec. 28. Request to Proscribe from Foreign 7 Jurisdictions and Supranational Jujisdictions. - 8 Consistent with the national interest, all requests for 9 proscription made by another jurisdiction or supranational 10 jurisdiction shall be referred by the Department of Foreign 11 Affairs (DFA) to the ATC to determine, with the assistance 12 of the NICA, if proscription under Section 26 of this Act is 13 warranted. If the request for proscription is granted, the 14 ATC shall correspondingly commence proscription 15 proceedings through the DOJ. 16 Sec. 29. Detention Without Judicial Warrant of 17 Arrest. - The provisions of Article 125 of the Revised Penal 18 Code to the contrary notwithstanding, any law 19 enforcement agent or military personnel, who, having been 20 duly authorized in writing by the ATC has taken custody of 32 1 a person suspected of committing any of the acts defined 2 and penalized under Sections 4, 6, 6, 7, 8, 9, 10, 11 and 12 of 3 this Act, shall, without incurring any criminal liability for 4 delay in the delivery of detained persons to the proper 5 judicial authorities, deliver said suspected person to the 6 proper judicial authority within a period of fourteen (14) 7 calendar days counted from the moment the said suspected 8 person has been apprehended or arrested, detained, and 9 taken into custody by the law enforcement agent or mihtary 10 personnel. The period of detention may be extended to a 11 maximum period of ten (10) calendar days if it is established 12 that (1) further detention of the person/s is necessary to 13 preserve evidence related to the terrorism or complete the 14 investigation; (2) further detention of the person/s is 15 necessary to prevent the commission of another terrorism; 16 and (3) the investigation is being conducted properly and 17 without delay. 18 Immediately after taking custody of a person 19 suspected of committing terrorism or any member of a 20 group of persons, organization or association proscribed 33 1 under Section 26 hereof, the law enforcement agent or 2 military personnel shall notify in writing the judge of the 3 court nearest the place of apprehension or ari-est of the 4 following facts: (a) the time, date, and manner of arrest; (b) 5 the location or locations of the detained suspect/s and (c) the 6 physical and mental condition of the detained suspect/s. 7 The law enforcement agent or military personnel shall 8 likewise furnish the ATC and the Commission on Human 9 Rights (CHR) of the written notice given to the judge. 10 The head of the detaining facility shall ensure that 11 the detained suspect is informed of his/her rights as a 12 detainee and shall ensure access to the detainee by his/her 13 counsel or agencies and entities authorized by law to 14 exercise visitorial powers over detention facihties. 15 The penalty of miprisonment of ten (10) years shall be 16 imposed upon the pohce or law enforcement agent or 17 military personnel who fails to notify any judge as provided 18 in the preceding paragraph. 19 Sec. 30. Rights of a Person under Custodial 20 D etention. - The moment a person charged with or 34 1 suspected of committing any of the acts defined and 2 penalized under Sections 4, 5, 6, 7, 8, 9, 10, 11 and 12 of 3 this Act is apprehended or arrested and detained, he shall 4 forthwith be informed, by the arresting law enforcement 5 agent or military personnel by the law enforcement agent 6 or military personnel to whose custody the person 7 concerned is brought, of his or her right: (a) to be informed 8 of the nature and cause of his arrest, to remain silent and 9 to have competent and independent counsel preferably of 10 his choice. If the person cannot afford the services of counsel 11 of his or her choice, the law enforcement agent or military 12 personnel concerned shall immediately contact the free 13 legal assistance unit of the Integrated Bar of the 14 Philippines (IBP) or the Public Attorney's Office (PAO). It 15 shall be the duty of the free legal assistance unit of the IBP 16 or the PAO thus contacted to immediately visit the 17 person/s detained and provide him or her with legal 18 assistance. These rights cannot be waived except in writing 19 and in the presence of his/her counsel of choice; (b) 20 informed of the cause or causes of his/her detention in the 35 1 presence of his legal counsel; (c) allowed to communicate 2 freely with his/her legal counsel and to confer with them at 3 any time without restriction; (d) allowed to communicate 4 freely and privately without restrictions with the members 5 of his/her family or with his/her nearest relatives and to be 6 visited by them; and, (e) allowed freely to avail of the 7 service of a physician or physicians of choice. 8 S ec . 31. Violation of the Rights of a Detainee. - The 9 penalty of imprisonment of ten (10) years shall be imposed 10 upon any law enforcement agent or military personnel who 11 has violated the rights of persons under then- custody, as 12 provided for in Sections 29 and 30 of this Act. 13 Unless the law enforcement agent or military 14 personnel who violated the rights of a detainee or detainees 15 as stated above is duly identified, the same penalty shall 16 be imposed on the head of the law enforcement unit or 17 military unit having custody of the detainee at the time the 18 violation was done. 19 Sec. 32. Official Custodial Logbook and Its Contents. 20 - The law enforcement custodial unit in whose care and 36 1 control the person suspected of committing any of the acts 2 defined and penalized under Sections 4, 5, 6, 7, 8. 9, 10, 11 3 and 12 of this Act has been placed under custodial arrest 4 and detention shall keep a securely and orderly 5 maintained official logbook, which is hereby declared as a 6 public document and opened to and made available for the 7 inspection and scrutiny of the lawyer of the person under 8 custody or any member of his/her family or relative by 9 consanguinity or affinity within the fourth civil degree or 10 his/her physician at any time of the day or night subject to 11 reasonable restrictions by the custodial facility. The 12 logbook shall contain a clear and concise record of: (a) the 13 name, description, and address of the detained person; (b) 14 the date and exact time of his/her initial admission for 15 custodial arrest and detention; (c) the name and address of 16 the physician or physicians who examined him/her physically 17 and medically; (d) the state of his/her health and physical 18 condition at the time of his/her initial admission for 19 custodial detention; (e) the date and time of each removed 20 of the detained person from his/her cell for interrogation or 37 1 for any purpose; (f) the date and time of his/her return to 2 his/her cell; (g) the name and address of the physician or 3 physicians who physically and medically examined him/her 4 after each mteirogation; (h) a summary of the physical and 5 medical findings on the detained person after each of such 6 interrogation; (i) the names and addresses of his/her family 7 members and nearest relatives, if any and if available; (j) 8 the names and addresses of persons, who visit the detamed 9 person; (k) the date and time of each of such visit; (1) the 10 date and time of each request of the detained person to 11 communicate and confer with his/her legal counsel or 12 counsels; (m) the date and time of each visit, and date and 13 time of each departure of his/her legal counsel or counsels; 14 and (n) all other important events bearing on and all 15 relevant details regarding the treatment of the detained 16 person while under custodial arrest and detention. 17 The said law enforcement custodial unit shall, upon 18 demand of the aforementioned lawyer or members of the 19 family or relatives within the fourth civil degree of 20 consanguinity or affinity of the person under custody or 38 1 his/her physician, issue a certified true copy of the entries 2 of the logbook relative to the concerned detained person 3 subject to reasonable restrictions by the custodial facility. 4 This certified true copy may be attested by the person who 5 has custody of the logbook or who allowed the party 6 concerned to scrutinize it at the time the demand for the 7 certified true copy is made. 8 The law enforcement custodial unit who fails to 9 comply with the preceding paragraph to keep an official 10 logbook shall suffer the penalty of imprisonment of ten (10) 11 years. 12 Sec. 33. No Torture or Coercion in Investigation and 13 Interrogation. - The use of torture and other cruel, 14 mhumane and degrading treatment or punishment, as 15 defined in Sections 4 and 6 of Repubhc Act No. 9746 16 otherwise known as the “Anti-Torture Act of 2009,” at any 17 time during the investigation or interrogation of a detained 18 suspected terrorist is absolutely prohibited and shall be 19 penalized under said law. Any evidence obtained firom said 20 detained person resulting from such treatment shall be. in 39 1 its entirety, inadmissible and cannot be used as evidence in 2 any judicial, quasi-judicial, legislative, or administrative 3 investigation, inquiry, proceeding, or hearing. 4 Sec . 34. Restriction on the Right to Travel. - Prior to 5 the filing of an information for any violation of Sections 4, 5, 6 6, 7, 8, 9, 10, 11 and 12 of this Act, the investigating 7 prosecutor shall apply for the issuance of a precautionary 8 hold departure order (PHDO) against the respondent upon a 9 preliminaiy determination of probable cause in the proper 10 Regional Trial Cbuit. 11 Upon the fihng of the information regarding the 12 commission of any acts defined and penalized under the 13 provisions of this Act, the prosecutor shall apply with the 14 court having jurisdiction for the issuance of a hold departure 15 order (HDO) against the accused. The said application shall 16 be accompanied by the complaint-affidavit and its 17 attachments, personal details, passport number, and a 18 photograph of the accused, if available. 19 In cases where evidence of guilt is not strong, and the 20 person charged is entitled to bail and is granted the same. 40 1 the court, upon application by the prosecutor, shall limit the 2 right of travel of the accused to within the municipality or 3 city where he/she resides or where the case is pending, in 4 the interest of national security and public safety, 5 consistent with Article III, Section 6 of the Constitution. 6 The court shall immediately furnish the DOJ and the 7 Bui'eau of Immigration with the copy of said order. Travel 8 outside of said municipahty or city, without the authorization 9 of the court, shall be deemed a violation of the terms and 10 conditions of his/her bail, which shall be forfeited as 11 provided under the Rules of Court. 12 He/she may also be placed under house arrest by order 13 of the court at his/her usual place of residence. 14 While under house arrest, he/she may not use 15 telephones, cellphones, e-mails, computers, the internet, or 16 other means of communications with people outside the 17 residence until otherwise ordered by the court. 18 If the evidence of guilt is strong, the court shall 19 immediately issue an HDO and direct the DFA to initiate